Bill Text: NY S08530 | 2023-2024 | General Assembly | Introduced
Bill Title: Establishes the crime of aggravated grand larceny as grand larceny in the fourth degree involving a motor vehicle.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-02-08 - REFERRED TO CODES [S08530 Detail]
Download: New_York-2023-S08530-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8530 IN SENATE February 8, 2024 ___________ Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law and the criminal procedure law, in relation to establishing the crime of aggravated grand larceny The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The penal law is amended by adding a new section 155.32 to 2 read as follows: 3 § 155.32 Aggravated grand larceny. 4 A person is guilty of aggravated grand larceny when he or she commits 5 the crime of grand larceny in the fourth degree in violation of subdivi- 6 sion eight of section 155.30 of this article and has been convicted 7 within the previous five years of grand larceny in the fourth degree in 8 violation of subdivision eight of section 155.30 of this article. 9 Aggravated grand larceny is a class D felony. 10 § 2. Paragraphs (t) and (u) of subdivision 4 of section 510.10 of the 11 criminal procedure law, paragraph (t) as amended and paragraph (u) as 12 added by section 2 of subpart B of part UU of chapter 56 of the laws of 13 2022, are amended and two new paragraphs (v) and (w) are added to read 14 as follows: 15 (t) any felony or class A misdemeanor involving harm to an identifi- 16 able person or property, or any charge of criminal possession of a 17 firearm as defined in section 265.01-b of the penal law, where such 18 charge arose from conduct occurring while the defendant was released on 19 his or her own recognizance, released under conditions, or had yet to be 20 arraigned after the issuance of a desk appearance ticket for a separate 21 felony or class A misdemeanor involving harm to an identifiable person 22 or property, or any charge of criminal possession of a firearm as 23 defined in section 265.01-b of the penal law, provided, however, that 24 the prosecutor must show reasonable cause to believe that the defendant 25 committed the instant crime and any underlying crime. For the purposes 26 of this subparagraph, any of the underlying crimes need not be a quali- 27 fying offense as defined in this subdivision. For the purposes of this 28 paragraph, "harm to an identifiable person or property" shall include EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14348-01-4S. 8530 2 1 but not be limited to theft of or damage to property. However, based 2 upon a review of the facts alleged in the accusatory instrument, if the 3 court determines that such theft is negligible and does not appear to be 4 in furtherance of other criminal activity, the principal shall be 5 released on his or her own recognizance or under appropriate non-mone- 6 tary conditions; [or] 7 (u) criminal possession of a weapon in the third degree as defined in 8 subdivision three of section 265.02 of the penal law or criminal sale of 9 a firearm to a minor as defined in section 265.16 of the penal law[.]; 10 (v) grand larceny in the fourth degree as defined in subdivision eight 11 of section 155.30 of the penal law where such charge arose from conduct 12 occurring while the defendant was released on his or her own recogni- 13 zance, released under conditions, or had yet to be arraigned after the 14 issuance of a desk appearance ticket for the crime of grand larceny in 15 the fourth degree as defined in subdivision eight of section 155.30 of 16 the penal law; or 17 (w) aggravated grand larceny as defined in section 155.32 of the penal 18 law. 19 § 3. Subparagraph (xv) of paragraph (b) of subdivision 1 of section 20 530.20 of the criminal procedure law, as amended by section 3 of part UU 21 of chapter 56 of the laws of 2020, is amended to read as follows: 22 (xv) grand larceny in the first degree as defined in section 155.42 of 23 the penal law, grand larceny in the fourth degree as defined in subdivi- 24 sion eight of section 155.30 of the penal law, aggravated grand larceny 25 as defined in section 155.32 of the penal law, enterprise corruption as 26 defined in section 460.20 of the penal law, or money laundering in the 27 first degree as defined in section 470.20 of the penal law; 28 § 4. Paragraph (o) of subdivision 4 of section 530.40 of the criminal 29 procedure law, as added by section 4 of part UU of chapter 56 of the 30 laws of 2020, is amended to read as follows: 31 (o) grand larceny in the first degree as defined in section 155.42 of 32 the penal law, grand larceny in the fourth degree as defined in subdivi- 33 sion eight of section 155.30 of the penal law, aggravated grand larceny 34 as defined in section 155.32 of the penal law, enterprise corruption as 35 defined in section 460.20 of the penal law, or money laundering in the 36 first degree as defined in section 470.20 of the penal law; 37 § 5. Paragraph (d) of subdivision 1 of section 722.23 of the criminal 38 procedure law, as added by section 1-a of part WWW of chapter 59 of the 39 laws of 2017, is amended to read as follows: 40 (d) The court shall deny the motion to prevent removal of the action 41 in youth part unless the court makes a determination upon such motion by 42 the district attorney that [extraordinary] one or more circumstances 43 exist that should prevent the transfer of the action to family court, 44 including, but not limited to, where the defendant is charged with grand 45 larceny in the fourth degree as defined in subdivision eight of section 46 155.30 of the penal law or aggravated grand larceny as defined in 47 section 155.32 of the penal law. 48 § 6. This act shall take effect immediately.
